Legal Opinion

Castro v. United States

Supreme Court of the United States

Decided February 19, 1866PublishedCited by 15 opinions

The Judiciary Act of 1789 allows examination, by this court, of final judgments and decrees given in the circuits,* “upon a writ of error, whereto shall be annexed and returned therewith, at the day and place therein mentioned, an authenticated transcript of the record, an assignment of errors, and prayer for reversal, with a citation to the adverse party,” such party having a notice prescribed in the act.

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The Judiciary Act of 1789 allows examination, by this court, of final judgments and decrees given in the circuits,* “upon a writ of error, whereto shall be annexed and returned therewith, at the day and place therein mentioned, an authenticated transcript of the record, an assignment of errors, and prayer for reversal, with a citation to the adverse party,” such party having a notice prescribed in the act. A subsequent act of 1803,† which gives an appeal from decrees in chancery, subjects it to the rules and regulations which govern writs of error. But nothing is said, specifically, in either…

1Opinion of the Court

The CHIEF JUSTICE

delivered the opinion of the court:

"We have no jurisdiction of this appeal, unless it has been allowed by some act of Congress, and has been brought in substantial conformity with the legislative directions. The appellate jurisdiction of this court is, indeed, derived from the Constitution; but by the express terms of the constitutional grant, it is subjected to such exceptions and to such regulations as Congress may make.

In the Judiciary Act of 1789, and in many acts since, Congress has provided for its exercise .in such cases and classes of cases, and under such regulations…

2Cases cited1 opinion

  1. Mesa v. United StatesSupreme Court of the United States · 1863

3Cited by15 opinions

  1. Credit Co. v. Arkansas Central Railway Co.Supreme Court of the United States · 1888
  2. Brown v. McConnellSupreme Court of the United States · 1888
  3. Hewitt v. FilbertSupreme Court of the United States · 1885
  4. Green v. . ChrismonSupreme Court of North Carolina · 1943
  5. Pender v. BrownCourt of Appeals for the Fourth Circuit · 1903

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